LEGABIBO, church wrestle for attention as Parley defers motion
Mompati Tlhankane | Monday August 7, 2023 06:00
Both camps have expressed pleasure at government's decision to defer Parliament debate and bill amendment. Minister of Justice Machana Shamukuni Tuesday announced in Parliament that he has deferred the Panel Code Amendment Bill No.29 of 2022 to allow for a rigorous examination of the constitutional issues raised with his ministry regarding the bill before it could be debated in Parliament.
“I, therefore, seek to satisfy myself that the views and concerns of all stakeholders about the interpretation of the Constitution are considered and that the provision of the revision of law Acts have been thoroughly interrogated”, Shamukuni told Parley. Both LEGABIBO and the Church have been at loggerheads over the amendment of Section 164(a) and (c) of the Penal Code (Cap. 08:01), which criminalises carnal knowledge between two adults against the order of nature. Section 164(a) and (c) was declared unconstitutional in the case of the Attorney General and Letsweletse Motshidiemang, at the Court of Appeal.
LEGABIBO, which won a landmark case in 2021 after the apex court upheld a High Court decision on decriminalised consensual sex between same-sex partners has always felt that the bill should have never reach the debate stage in Parliament and begged legislators not to take decisions that would second-guess the courts. LEGABIBO said they were worried that religion and faith were being weaponised to distort the message of the Church which is to encourage love and restoration.
The Evangelical Fellowship Botswana (EFB) representing the Church on the other side even drew up a petition against the amendment saying it will open floodgates of immorality, abomination in the nation such as same-sex marriage. The Church went further to making public demonstrations and marching against decriminalising same-sex relations.
On Wednesday, LEGABIBO released a statement saying they were pleased that parliamentarians are, at least for now, not under pressure from any sector or sectors of society to vote to reinstate laws which have been struck down by the courts. LEGABIBO indicated that they are pleased that Shamukuni has carefully listened to them and other members of the public, particularly legal academics and lawyers who are experienced in constitutional law issues. LEGABIBO said it would have been an assault on the judiciary for Parliament to debate whether or not to delete laws which have been struck down by the courts. LEGABIBO added that this does not happen as a rule of law in a country like Botswana, and the laws of Botswana, particularly the Constitution, being the supreme law, and the Revisions of Laws Act, would not authorise this act.
“Political leaders should not allow themselves to be threatened or coerced into violating the rule of law by way of votes for or against during national or other elections. This would have been unprecedented in Botswana, and so we have to thank the Minister for listening to the voice of reason. We do not expect him to re-table the same bill in future,” LEGABIBO further revealed.
Yesterday EFB disclosed that they were gladdened by the deferral of the Bill 29 of 2022 which sought to decriminalize same sex homosexual relations contrary to the Holy Biblical teachings. “The Minister of Justice expressed that public concerns over the introduction of the Bill have necessitated further consultation on the matter. Hence he seeks to first satisfy himself that the views and concerns of all stakeholders pertaining to the interpretation of the constitution are considered and that the provisions of the Revision of Law Act have been thoroughly interrogated and made clear. In our view Parliament has demonstrated its independence and respect for the voice of Batswana including the church,” read the statement.
EFB also pointed out that Botswana is primarily a Christian country with more than 85 % of Batswana professing the Christian faith and upholding Godly principles which have preserved and served our country since independence. EFB hailed Parliament for heeding the voice of the majority voters and showing its commitment to consultation and morero.
“We eagerly await the minister's findings and trust that he will give the public feedback soon and thus bring the matter to closure. We believe this is a sensitive matter that should not be left pending. We still maintain that Parliament must opt for a referendum on this matter to determine the views of Batswana and act according to the will of the majority,” EFB further emphasised. They added that they will continue to engage their legal experts and advise on the way forward. “We call upon all Christians and Batswana who love their destiny and country to reject homosexuality in all its forms and articulate the dire consequences legalizing homosexuality will have on future generations. The church will continue engaging with government as we offer help, love and compassion to those genuinely seeking to come out of any burdensome sin including homosexuality”.